2.  Hard to prove a negative, that is, that a person died without a will.  Thus, must perform due diligence to locate the will.

4.  Procedures in:  Probate Code §§ 36B-36F  Estates Code Chapter 151  Without court order  With court order

5.  Without Court Order  Discretionary with bank

6.  Without Court Order  Persons who may ask: ▪ Spouse ▪ Parent ▪ Adult descendant ▪ Named executor who can prove it with a copy of will

7.  Without Court Order  Delivery of found documents: ▪ Will = clerk of court with jurisdiction and venue, or named executor ▪ Burial plot deed or burial instructions = person inspecting ▪ Life insurance policy = any named beneficiary

8.  With Court Order  Court designates person who may inspect  Examination occurs in presence of this person AND the judge or the judge’s agent

9.  With Court Order  Delivery of found documents ▪ Will = clerk of court with jurisdiction in same county as ordering judge ▪ Burial plot deed = person designated in court order ▪ Life insurance policy = any named beneficiary

10.  Duty of Custodian  PC § 75  EC §§ 252.201-252.204

11.  Duty of Custodian  No duty to probate will

12.  Duty of Custodian  No duty to probate will  Duty to deliver to court with jurisdiction

13.  Duty of Custodian  No duty to probate will  Duty to deliver to court with jurisdiction  If failure to deliver, may be arrested and imprisoned until person delivers and is liable for damages.

14.  All counties where decedent lived  PC § 71  EC §§ 252.001-252.153